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Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.
Public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. This book focuses on the systems of appellate control of court judgments. The editors explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights.
Using case law from multiple jurisdictions, Stephen Mason examines the nature and legal bearing of electronic signatures.